Welcome to Trendtastic.com.au and thank you for taking the time to familiarise yourself with our Terms and Conditions. These Terms and Conditions govern the use of Trendtastic.com.au (“this website”) and cannot be varied by any individual or entity, unless there has been a prior written agreement between that individual or entity and Trendtastic. Trendtastic.com.au is owned and operated by LatestBuy Pty Ltd and Gerard Patrick Pty Ltd trading as Trendtastic (ABN 59 803 448 961), who maintain this website. For your convenience our Terms and Conditions are categorised under the headings General Use
and Trade Terms of Sale
as set out below:
Our Security and Privacy Policies, accessible here
, should also be interpreted as being part of these Terms and Conditions.
The following ‘General Use’ Terms and Conditions govern the manner in which this website is to be used and specific obligations that users must accept prior to using this website. In addition to these terms, there may also be additional terms that govern your use of or access to specific parts or sections of this website, including, but not limited to the Terms and Conditions associated specifically with Trade Sales
. Your access, use or browsing of this website signifies your acknowledgement and acceptance of these terms, conditions, disclaimers and limitations of liability (“Terms and Conditions”). Trendtastic reserves the right to amend or update these Terms and Conditions at any time without providing notice to you. Users that do not fully agree with these Terms and Conditions should immediately exit this website. If you are under 16 years of age, we require that you obtain the consent of your parents or guardians before providing us with any information or making any purchases. Top of Page
A Trendtastic Member may not have more than one active membership, whether this is by use of name, e-mail address, alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as vouchers, promotional benefits and the value therein. Membership accounts are non-transferable and as a Trendtastic Member, you agree to take responsibility for all activities that occur under your membership account. Top of Page
Copyright in this website is owned by Trendtastic. Images, photos, video clips, designs, logos and product copy are either property of, or used with permission by Trendtastic and are protected by copyright, trademarks and other intellectual property right laws. Material on this website may only be used for the purposes of browsing this website and acquiring the goods of Trendtastic. Trademarks used in this website are the property of their respective owners. The absence of a product or service name or logo from this website does not constitute a waiver of the respective owners’ trademark or other intellectual property rights concerning that name or logo. Any unauthorised use of material on this website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Users of this website must obtain permission before copying, downloading or altering material from this website where this is not used for the purposes of browsing this website and acquiring the goods of Trendtastic. Trendtastic will enforce its intellectual rights to the fullest extent of the law, including the seeking of legal prosecution. Top of Page
This website may include links to other websites operated by other individuals or entities. These links are provided for your convenience and do not constitute an endorsement or sponsorship of the practices, views or information contained at any linked website. Trendtastic do not make any warranty or representation about any linked sites nor can any liability be accepted for any loss or damage which may arise as a result of accessing or using any material which may appear at a linked website. Linking to any other website or off-site page is at your own risk. The material on this website may include the views or recommendations of third parties, which do not necessarily reflect the views of Trendtastic. While we take all care to ensure that this website and its data transmissions are free from viruses, we do not guarantee that material on this website or any linked website will be free from viruses, Trojan horses, worms or anything else that may interfere with or damage the operation of your computer systems, and we accept no liability for any such interference or damage. It is your responsibility to scan any such data with current virus-scanning software. The information contained in this website is only to be displayed in full screen format (not framed) unless permission has been obtained from Trendtastic. Users posting information either on or through this website, or linking this website to another website, indemnify Trendtastic for any loss or damage resulting from the posted material or link. Trendtastic do not guarantee that access to this website will be uninterrupted. Top of Page
Disclaimer of Liability
Trendtastic is committed to providing a quality online shopping experience for its customers and makes every attempt to ensure the accuracy, currency and reliability of information contained in this website. However, changes in circumstances after time of publication may impact the quality of this information and Trendtastic do not warrant the accuracy, adequacy or completeness of any material on this website. All information on this website is subject to change without notice. The information provided on this website does not constitute legal or professional advice nor is it conveyed or intended to be conveyed in the course of any adviser-client discourse. Trendtastic makes the material available on this website on the understanding that users exercise their own skill and care with respect to its use. Before relying on the material in this website, users should carefully evaluate the accuracy, completeness and relevance of the information for their purposes. Trendtastic will not be liable for any misinterpretation of information contained on this website. By accessing information at or through this website each user waives and releases Trendtastic to the full extent permitted by law from any loss, damage, claims, liabilities, expenses (including without limitation legal costs and settlement costs) whatsoever arising out of, or attributable to, any content, goods or other material on this website whether in contract, tort (including negligence), statute or otherwise. Trendtastic will not accept any liability for defamation resulting from third party material on this website and is not liable for the actions of users of this website, the providers of information or ideas to this website or the suppliers of goods purchased from this website. If the law implies any condition or warranty liability for breach of which cannot be excluded, our liability is limited, at our exclusive option to the:
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- supply of the goods or services again,
- supply of equivalent goods,
- repair of the goods,
- payment of the cost of having the goods replaced or repaired; or
- payment of the cost of obtaining equivalent goods or services.
If any part of these Terms and Conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms and Conditions are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts, which may hear appeals from those courts. Top of Page
Availability of Goods
Most goods can be delivered internationally. Please note that all transactions are charged in Australian Dollars (AUD). Any display of prices in other currencies is approximate only. While the 10% Australian GST is not charged for exported goods, you will be responsible for any additional import fees, taxes, brokerage fees and handling fees levied by the recipient country. These additional fees are not collected or controlled by Trendtastic. Also, you might be contacted by your local customs office regarding the payment of customs fees, or to receive final delivery of your order. Customs processing of your shipment might cause delays in the delivery of your parcel. To avoid disappointment, we suggest you become familiar with your country’s customs process and fee structure before ordering. Top of Page
Trade Terms of Sale
The following ‘Trade Sale’ Terms and Conditions outline the various terms of the purchase agreement that must be agreed to before any transaction can proceed. If you purchase goods from this website or create a membership account with us, we may require you to provide your name, e-mail address, credit card number or other details to enable the processing of any orders that you make. You agree to provide Trendtastic with current, complete and accurate customer information when asked to do so by this website or a customer service representative of Trendtastic. Please note that some products we sell may not be suitable for children because they represent a choking or some other safety hazard. All customers warrant that they are over 16 or have the consent of their parents or guardians to enter into a purchase agreement with Trendtastic.
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- These terms apply to all goods sold by Trendtastic (“the Company”) to a customer (“the Applicant”) for the purpose of re-sale. These terms override all terms proposed by any customer including terms set out on any order or other documents. If other terms are proposed these terms are deemed to be reoffered to and accepted by the customer or their agents in delivery of the goods. These terms may be varied at any time by the Company. The terms at the time of delivery will prevail if there is any conflict.
- These terms constitute the entire agreement. No other representations are made by the Company in relation to supply of the goods. These terms may only be varied or additional terms incorporated (other than terms of the product description, quantity, indicative price and delivery instructions set out on each order) if in writing and signed by a representative of the Company of the status of General Manager or Director. There are no other terms and to the extent permitted by law all other terms including warranties that may be implied, are excluded.
- If any trading agreement exists between the Company and the customer these terms nevertheless apply to all goods supplied which are also covered by the trading agreement, though, if there is an inconsistency with these terms, the trading agreement will prevail to the extent of any inconsistency. No trading agreement will legally bind the Company or the customer unless in writing and signed by a representative of the Company of the status of General Manager or Director and the customer. Top of Page
Ordering, Acceptance and Price
- Orders are necessary for stock allocation and once received from a customer are irrevocable. The Company may withdraw from the supply of goods ordered at any time up to delivery. Any quotation of the Company may be varied or withdrawn up to the time of delivery and will lapse on any specified expiry date.
- The customer is responsible for ensuring all quotations and orders are accurate. The Company takes no responsibility for errors in respect of the goods, quantity or price set out on any quotation or order.
- All orders are advised to be in writing to which can be mailed, faxed, e-mailed or electronically transmitted via www.trendtastic.com.au (“the Company website”) to the Company for shipment. The Company takes no responsibility for any phone orders that take place from time to time and cannot be responsible for mistakes in orders. The Company advises all clients to electronically transmit via the Company website all order details to ensure that correct products are ordered.
- The customer is responsible for all freight costs associated with incorrect orders when they arise to and from the Company’s warehouse.
- All prices quoted or advised are strictly net based on the quantity and the pack sizes at the date of quotation and order. Prices may be varied to those at the date of delivery and will be adjusted accordingly to any change in any costs to the Company or variation in quantity or pack sizes. Prices are in Australian Dollars, exclusive of GST and Freight is additional.
- The Company’s computer pricing is deemed accurate and foreshadows any other price/special shown on any advertising, e-mail or website from time to time.
- The customer is responsible for the following costs and charges in addition to the price unless otherwise specified in the Company’s quotation: (a) special packaging requirements; (b) insurance for goods in transit from the Company’s premises; (c) wrong ordering by the customer from time to time; (d) expenses incurred by the Company due to referral of delivery at the customers request and or the goods not being able to be delivered due to reasons beyond the Company’s control or cancellation of the customers invoice; and (e) GST, customs duty and all other statutory taxes and charges. Orders once received cannot be deferred unless agreed to in writing by the Company and the customer indemnifies the Company for any loss.
- Confirmation of order documents must be clearly marked otherwise they will be treated as original orders.
- If for any reason the goods ordered are unavailable, the Company has the right to substitute alternative goods provided they are reasonably equivalent in all respects (unless the customer’s order specifies otherwise). If quantity and pack sizes vary from the date of quotation or order the Company may substitute alternative sizes but not so that the customer is required to purchase in aggregate more goods than ordered.
- If the Company agrees to make available any goods for the carrying out of any tests or certification processes then these tests or processes are at the customer’s cost and risk. By providing goods for the undertaking of testing or process pursuant to this clause the Company expressly does not assume any responsibility for the goods whatsoever including liability if the results of the tests or processes are carried out wrong. Top of Page
Packing and Delivery
- Orders will take place at the Company’s premises where the customers order is accepted and agreed by the Company at the customer’s cost and risk to deliver or arrange freight to an address specified by the customer, in which case delivery will take place at such address. The customer will assume any additional costs associated with said delivery due to any additional expense incurred by the Company’s freight forwarder from time to time.
- Acceptance of delivery of the goods by the customer is deemed to be acceptance of the condition and correctness of goods ordered.
- The customer agrees that any shipment may be subject to additional freight charges and these charges have been approved by the customer at the time of the order. The customer has the right to be advised of any additional charges if specified in writing when the order is placed. Top of Page
Title and Risk
- Notwithstanding delivery or freight arrangements, risk (including deterioration, loss or damage) passes to the customer preloading at the Company’s premises or at an address specified by the customer or if shipped directly from the manufacturer preloading at the manufacturer’s premises or if shipped directly from outside Australia preloading at the port of entry in Australia. The customer is responsible for all insurance of the goods from the point when risk passes. Title passes to the customer when the Company has been paid in full for all goods supplied by it to the customer. Top of Page
- The Company reserves copyright in all documents, e-mail, websites, brochures, drawings and specifications produced by the Company or on the Company’s behalf in connection with the goods. Resellers of Trendtastic products are required to obtain written permission when using product descriptions, images and/or promotional materials via any communication medium. Unauthorised use of any copyright, trademark, patent of Trendtastic or the contents of the Company website is strictly prohibited and could result in legal action against the offenders and resellers. Top of Page
Invoicing and Payment
- Payment must be made by the due date, determined in accordance with your credit application acceptance, under which the goods were delivered (the due date). In the event payment is not made by the due date the Company reserves the right to suspend or cancel undelivered orders and to take proceedings for recovery. The customer must pay interest equal to 2% per month for each month or part thereof on overdue amounts from the due date until paid. In the event that payment is not made within the prescribed time an account administration fee of $10.00 + GST for each month or part of a month that the monies remained unpaid from the date payment became due shall be payable in addition to interest. The customers are not entitled to any retention or otherwise retain any amount due to the Company. All payments are to be made without deduction or equitable or other set off whatsoever. The Company will not ship any new orders to the customer whilst any outstanding orders are payable and reserves the right to refuse or terminate credit without notice.
- Until the Company has been paid in full for all goods supplied by it to the customer: (a) the Company remains the owner and the customer is only a bailee; (b) the customer must store the goods separately from any other goods, keep them readily identifiable as the Company’s goods and maintain proper records of any sale or disposal of the goods; (c) the customer bears all risk in respect of the goods from delivery and must fully insure them; (d) the customer will not sell the goods except in the ordinary course of business; and (e) the customer will hold the proceeds of any sale or disposal to the extent of the amount due to the Company in a separate account for the Company’s benefit and promptly pay that amount to the Company.
- At all times the customer will allow the Company access to the premises occupied by the customer during normal business hours and to the goods in order to inspect the goods and retake possession of the goods at any time prior to payment in full of the price payable for all goods supplied by the Company to the customer and for other monies payable by the customer to the Company. The customer acknowledges that this access shall be full, free and unhindered and shall not be or constitute trespassing by the Company. The customer indemnifies the Company for any liability or loss it suffers seeking to exercise its rights of access and retaking possession. Top of Page
Warranty and Indemnity
- Errors and misprints in computation, typing or otherwise in the Company’s documents including websites, emails, catalogues, price lists, delivery dockets, invoices or statements or credit notes shall be subject to correction by the Company by means of reissue of the document or by adjusting dockets with reference to the original transaction.
- The customer acknowledges that the Company is a wholesaler and only warrants products sold by it for the duration of the said warranty, normally 12 months, unless otherwise stated. The customer acknowledges that any warranty repair or replacement will incur freight charges to and from the customers’ premises.
- Warranties and provisions that may be implied by the Competition and Consumer Act 2010 and any other legislation are expressly excluded except to the extent that exclusion is prohibited by the legislation and this overrides these terms.
- Subject to paragraph 24, the Company gives limited warranty in relation to the goods sold to the customer, whether in regard to the quality of the goods, fitness of the goods for any purpose or the compliance of the goods sold with any description or sample produced by either party to the other at any time, whether prior to, at the time of or subsequent to the customer placing an order for the goods with the Company, or otherwise. The customer warrants that the goods will be installed and used (a) only in applications for which the goods were manufactured and are able to be satisfied by the goods specifications and (b) in accordance with all manufacturer’s instructions and good and usual industry standards including being fully tested as safe prior to use.
- Subject to paragraph 24, any remaining liability of the Company, if any, to the customer arising from supply of goods by the Company or pursuant to any contract whether the liability arises for breach of contract or at common law, including the law relating to negligence by the Company, is limited to repair by the Company of the goods, the re-supply by the Company of replacement goods at no additional charge (other than applicable freight charges) or the refund of the price paid by the customer for the goods giving rise to liability, whichever the Company deems appropriate. In no case will the Company incur liability for any loss or damage exceeding the sale price of the goods paid by the customer for the goods nor on account of losses or damages suffered by the customer including loss of profit, damage to property or personal injury arising from that supply or that agreement, whether arising directly, incidentally or consequently.
- Subject to paragraph 24, all information contained in any websites, emails, documents, catalogues, price lists, photographs, brochures and other illustrations or advertising material and drawings represent generally the subject matter of the goods and will not be taken as necessarily representing the goods the subject of any quotation or order and will not form any part of any contract or agreement for supply.
- Subject to paragraph 24, except as otherwise expressly provided in these terms, the customer releases the Company from all actions, claims, demands, losses, liabilities, damages and expenses arising from or in relation to the supply of the goods and indemnifies the Company for any loss or liability that the Company may suffer (including the legal costs on an indemnity basis in defending or prosecuting any claim) arising from the use by the customer of the goods or a breach of these terms including warranties by the customer. Top of Page
Return of Goods
- The Company may accept the return of goods which were incorrectly delivered, damaged prior to risk passing or which are defective and the manufacturer’s warranty covers the defect and the manufacturer agrees to replace or re-supply the goods. Any acceptance of delivery back from the customer by the Company prior to the Company accepting responsibility for incorrect delivery or damage pre risk passing or the manufacturer accepting responsibility for the defective goods will be by the Company as agents for the customer and is not to be taken as any acceptance of any liability by the Company or on behalf of the manufacturer.
- Claims for damaged or defective goods or incorrect delivery must be made within 3 business days of delivery. Where any goods are returned to the manufacturer or supplier they remain at the customer’s risk pending acceptance of liability by the manufacturer. The customer is to pay the freight and other cost of returning the goods unless the reason for return is directly and wholly caused by an error of the Company or the manufacturer in which case only the freight for the return will be paid for by the Company or manufacturer.
- Except for defective goods supplied by the Company, goods returned for credit or replacement will only be considered for acceptance subject to the following conditions: (a) goods returned must have been incorrectly supplied or damaged prior to risk passing; (b) goods returned must not be obsolete, incomplete, damaged or otherwise imperfect; (c) goods must not be returned unless purchase invoice numbers are advised and return freight charges are paid by the customer and prior arrangement in writing is given by the Company; (d) goods accepted for return must be in the original packing or as supplied and remain in good condition; (e) the amount of credit allowed in respect of goods returned, if any, may be subject to a service charge at the Company’s rate currently in effect, unless the agreement specifically states otherwise; and (f) the customer is responsible for goods lost or damaged in transit during return to the Company or manufacturer. Where, notwithstanding these terms, the customer disputes any return of goods whether to the Company or manufacturer, it must do so in writing with full supporting explanation and documentation within 12 months of delivery failing which the customer is barred from disputing the delivery or condition of the goods and is deemed to have accepted liability for those goods in accordance with these terms. Top of Page
- The customer must not advertise or publish that the supplier and the Company have a contract for the supply of goods or to refer to the Company in any advertising and/or merchandising material without first obtaining the prior written consent of the Company.
- The customer must not reproduce, modify, amend or publish, or allow reproducing, modifying, amending or publishing, the Company’s registered or unregistered trade marks, names or logos and other intellectual property without first obtaining the prior written consent of the Company. This includes, but is not limited to, all intellectual property owned by the Company at the Company website. Top of Page
- If any dispute arises in relation to goods supplied by the Company to the customer the Company may by notice to the customer at any time prior to determination by a court require that such dispute or part thereof be determined by arbitration according to law. The arbitration is to be conducted in accordance with the relevant Commercial Arbitration Act (of whatever name) of the State or Territory nominated as being the governing law and in the capital city of that State or Territory. The Company may, give notice that any dispute with the customer is arbitrated with any other dispute relating to the same goods or issues. There is to be a single arbitrator appointed by agreement or failing agreement by the president of the law society of that State or Territory. The arbitrator’s decision is final and binding subject to any right of appeal under the relevant Commercial Arbitration Act.
- The reference of a dispute to arbitration does not affect the customer’s obligation to pay the price of goods when due which must be paid without deduction or equitable or other set off pending the resolution of any dispute whether referred to arbitration or otherwise.
- These terms will be governed by and construed in accordance with the laws of Western Australia and the customer irrevocably submits to the exclusive jurisdiction of a competent court in Perth, Western Australia.
- Any non payment or deferred payment not agreed to by the Company in writing or any invoice that is 30 (thirty) days late from the specified due date shall be deemed as defunct and the customer agrees for the Company to stop any and all future orders, cancel any warranty associated with the outstanding invoice and start debt collection procedures. The customer also agrees that any monies not paid via this debt collection shall entitle the Company to seek an order with the Credit Association of Australia for this non payment.
- If any of these terms are or later become illegal or unenforceable, the illegal or unenforceable part of those terms are taken to be severed from these items, but all other terms remain in place.
Warranty Against Defects
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
In this Warranty, Product/Products means a product which Trendtastic:
- Sells directly to you, as the consumer; or
- Distributes, as the distributor/wholesaler, to retailers in Australia who then in turn sell directly to consumer.
In addition to any other guarantee or warranty implied by law, Trendtastic warrants that Products will be free from manufacturing defects for a period of 12 months from the date of purchase (Warranty). Exceptions: This Warranty does not cover normal wear and tear, or any damage, failure or loss caused by improper use, assembly, maintenance or storage of Products.
How to claim
To make a claim under this Warranty, simply follow these steps:
|Step 1:||Find your tax invoice/receipt which proves the date on which you purchased the defective Product.|
|Step 2:||Contact Trendtastic with details of your defective Product by either (1) Phone: 1300 873 637 or (2) Email: [email protected]|
|Step 3:||When you contact a representative of Trendtastic, they will advise you whether you are required to return your defective Product direct to Trendtastic or to contact the retailer/reseller to where the Product was originally purchased. If you are required to return your defective Product directly to Trendtastic, a copy of your tax invoice/receipt will be required. Defective Product to be returned will be at the cost of the Customer/Stockist however Trendtastic will cover the cost of the return delivery.|
|Step 4:||Wait for us to contact you. Once we have received your defective Product for inspection, we will inform you of our assessment of your claim within 14 days. If you were not required to provide us with the defective Product for our inspection, we will inform you of our assessment of your claim within 14 days of you first notifying us about the claim. When we contact you, we will firstly let you know whether you have a valid claim under this Warranty, and if so, we will inform you whether your defective Product will be replaced or repaired, together with the number of days you can expect to wait to receive your replaced or repaired Product.|
If you have any questions about this Warranty, please contact us via the contact details below.
|Trendtastic (ABN 59 803 448 961)|
|Address:||Unit 2 / No. 26 River Road, BAYSWATER WA 6053, Australia|
|Phone: ||1300 873 637 (+61 8 6424 8552)|
|Fax:||1300 304 870 (+61 8 6278 2878)|
|Email: ||[email protected]|
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